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Legal aspects of procurements
Procurement aspects
An essay on the procurement process
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The purpose of determining requirements of procurement is that in this stage of the planning we decide on the direction we want the project to take. Important decisions need to be made regarding the resourcing of tasks, using internal capabilities or to procure those resources externally. When we are resourcing we are looking for the best way to get the work ahead completed. Using internal capabilities means that we use the resources that we already have to complete the work ahead and to procure resources externally means that we search for a supplier that will complete the work ahead to a satisfactory quality and schedule for an agreed cost. Key considerations to look at would be that a general rule of thumb is that poor procurement planning …show more content…
The procurement process step by step guide gives a guideline on following each step to complete the procurement process. Following legal guidelines, the request to contract a supplier is done by filling out important documents like the statement of work document and other contractual obligation documents. The next step requires high quality solicitation documents to be completed when selecting the right supplier for the tasks ahead. The process needs to be thorough so each option is evaluated correctly ensuring that everything that needs to be communicated is completed. Once the supplier is chosen terms and conditions need to be explained. The supplier must commit to the same performance agreed on in the contract. Project managers need to have a sound knowledge of legal implications if contractual agreements are not being followed. Reasons for failure are poor communication, contract terms not being defined well enough and acceptance of contract terms not being understood. The project manager’s role in this stage is to follow each step and thoroughly examine and compare the information received from requests for procurement of suppliers and completing legal requirements by completing important documents is also a high priority for this stage to be …show more content…
Administering the contract means that we ensure that the suppliers performance meets the contractual terms agreed on. The project management team need to have a sound knowledge of all legal implications resulting from any actions they take while managing the contract. It is important that all terms and conditions are well
Based on the textbook and my understanding, whenever there are negotiations between a procurer and a supplier regarding a competitive bidding, the first thing that might be favored is the scope of the project, meaning both will sit down and discuss the entire project prior the work begins. Meanwhile, during the negotiations, evaluation criteria should be clear, and stated and defined. As the evaluation is based on the criteria stated and the procurer can request or ask the supplier’s opinions on certain specifications and where things can be improved.
...e steps that are required to be addressed while coming to deal with vendors. The Proposed idea, looks satisfactory in meeting the outcomes. One thing that should be ensured is that they should incorporate the clauses pertaining to risk in the plan.
Project Management Institute (PMI) (2013). Project Management Professional (PMP) Handbook. [ONLINE] Available at: http://www.pmi.org/certification/~/media/pdf/certifications/pdc_pmphandbook.ashx. [Last Accessed 20 April 2014].
There are two main types of cost accounting systems, job costing and process costing. In job costing, each job is tracked separately. For example, a company that install roofs can keep track of each cost separately. They can easily track labor by tracking the total amount of human hours spent of the job and what each person was paid. Materials can easily be tracked by tracking the total costs of supplies needed to complete the job. For job costing the total costs of each job can be easily tracked. Some examples of professions that use job costing are carpenters, painters, and computer repair. In process costing, a large number of the same or very similar products are produced in large numbers - examples include
In general, there are different types of procurement type for various situations due to no one method can be suitable under the all different construction project. In this case, there are four procurement paths, which are traditional, design and build, management and design and manage, will be advised to use. However, each method has different aspects of advantages and disadvantages.
Content and process consulting are both processes used with the end goal of solving a problem within an organization. However, the two are quite different in meaning and distinct versions. According to Schein (1978), content involves what the problem is and the duties to be carried out. Whereas, he describes process as involving the techniques used to solve and define the problem. Schein (1978) compares content to items such as, agendas, solutions and ideas discussed during staff meetings. In that same meeting, he compares process to being the documented occurrence of the communication patterns such as, who talked to who, which individuals asked questions, etc. Along with these main difference of process and content consulting, below is a more specific breakdown of the differences between the two consulting processes.
...owever, international marketing will have a endless opportunity and product line as they are approaching a wider audience.
This paper examines the legal aspects of procurement management and specifically how procurement management can be used as an effective tool for the overall management of a project. This paper focuses on the basics of common contract laws, the basics of agency law, the Uniform Commercial Code (UCC), and some aspects of that pertaining to the Federal Acquisition Regulations (FAR). A summation of the company’s position in relation to a given supplier (provided the company decides not to procure all of the material in a contract) will be examined along with how that position is strengthened by understanding the legal aspects of procurement management. Finally, the paper will analyze how the project manager is supported by the contract management function. Fleming (2003) posited that there is a clear and important distinction that should be made that delineates the work of the project from the inside work of the company.
Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party, such as a defendant, court, or administrative body in an effort to exercise jurisdiction over that person as to enable that person to respond to the proceeding before the court, body, or other tribunal. Service of process is a privilege set forth by the constitution, which means that all citizens of the united Stated hold the right to be informed of being summoned as specified in the fifth and sixth amendments of the constitution. A process server is the messenger who serves a person with the notifications that stated the legal issues involved in a lawsuit. A process sever delivers these papers in a timely
This chapter details the information regarding sourcing process. The detailed information about sourcing process, different types of souring methods and the factors affecting sourcing also discussed. Along with this information, the vendor management and evaluation methods also described for the better understanding of the sourcing process.
Specifications are written instruction concerning project requirements. The specification is one of the contract documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work, as well as performance of related services. Construction specifications will usually provide a number of lists as well, including the materials that are to be used, where they are to be used, and how much should be used. Construction specifications will also usually provide a time by which the project should be completed or at least finish by the deadline. This will likely be the major factor in determining whether an interested contractor bids on a project. Those without the staff to handle the time constraints, or who have other conflicting projects, may decide they cannot do the job.
Previous researchers have shown that there is a positive relationship between cooperation and satisfaction (e.g. Mallen, 1963; Dwyer, 1980; Schmitz Whipple and Gentry, 2000). The cooperative efforts of channel members should results in greater trust, commitment, channel efficiency and the achievement goals, thus leading to higher levels of satisfaction. (Jonsson and Zineldin, 2003).
(2014) deduced that procurement performance can be assessed by focusing ondelivery,flexibility, quality, cost and technology. Optimal performance attainment is dependent onhow current suppliers`relationships aremanaged so asto ensure constant availability of needed quality supplies at the organization. This will ensure that sourced materials are indeed procured at the right costand atthe right time. Procurement performancestrives toenable improvements in the procurement process at the organizationso as to improve on qualitydelivery of firm products and servicesatleast possible time and
Business Process Management (BPM) is a method used to improve business processes of a company. Due to the complexity and criticality of a business process in an organization, BPM could help the organization to achieve an effective and efficient workflow. Also it helps the organization to adapt to change of environment. For example, an organization that uses BPM application could know the items that went missing using the receiving system, or guide an employee to find out the reasons of ordered items did not arrive. BPM can be applied by using technology that helps.
Process Management can be defined as a concept which helps integrate performance excellence and quality into the strategic management of organizations. Process management includes activities such as defining a process, establishing responsibilities, evaluating process performance and also identifying opportunities for improvement. Innovation, on the other hand, can be defined as the conversion of knowledge and ideas into new or improved products, processes or services to gain competitive advantage. After reading the first article it is clear that it focuses mainly on three different programs that are associated with process management. These three processes are listed as TQM, ISO 9000, and Six Sigma.